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(영문) 의정부지방법원 2019.07.19 2018가합59496
주주총회결의취소 청구의 소
Text

1. Each resolution made by the Defendant on December 3, 2018 at a special shareholders’ meeting shall be revoked.

2...

Reasons

1. Basic facts

A. 1) The Defendant is a corporation established on November 20, 1986 for the purpose of taxi transportation business, etc., and the Plaintiff is a parent of the Plaintiff and a shareholder holding 5% of the Defendant’s shares. 2) C is a parent of the Plaintiff and a shareholder holding 45% of the Defendant’s shares. D is a shareholder having 50% of the Defendant’s shares.

B. On December 3, 2018, the Defendant, on November 22, 2018, convened a temporary general meeting of shareholders as of December 3, 2018 (hereinafter “instant general meeting”) with the following content to the shareholders of the Defendant, including the Plaintiff, etc.:

The muster notice was sent.

B 2018-11-22 Number of shareholders: Cases of the special shareholders' meeting held by B

1. He wishes to see the personal records of the stockholders.

2.In accordance with Article 363(3) of the Commercial Code and Article 23 of the Articles of Incorporation, E Co., Ltd. shall attend a provisional shareholders’ meeting and be present at the meeting as follows:

- D - The agenda for the meeting of the general meeting of shareholders in the meeting room B in the stock company B at 10:00 am on December 3, 2018 at the same time (F in Gyeonggi-do Dongcheon-si)

1. Bills of subparagraph 1: Case of appointment of a new representative director - Where it is impossible to hold a position as a representative director any longer due to the health status of the representative director at present, and it is intended to appoint a new representative director by a resolution of the general

2. Bill No. 2: (a) - A was registered as an internal director on March 12, 2018 on the register of corporate directors of the company, and as of March 12, 2018, A was appointed as an internal director. However, there was no general meeting of shareholders for the appointment of an internal director. (b) On the other hand, the notice of notice was prepared in the name of the representative director C, which is the defendant representative director, and the seal of the representative director was omitted. (c) The general meeting of this case was conducted and resolved 1) The meeting of this case, which is the defendant's shareholder, D, C, and the plaintiff attended.

2 D shall visit the Defendant Company on December 3, 2018, at around 09:30, to make its voting rights.

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